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Human Rights Law

2017

Schulich School of Law, Dalhousie University

Decolonization

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The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic Jan 2017

The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic

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This paper tracks the history of Aboriginal peoples' equality complaints against the state. From the time Aboriginal people started to bring discrimination complaints before the courts, there have been significant obstacles that have operated to effectively — and sometimes even explicitly — prevent Aboriginal peoples from advancing pressing discrimination complaints against governments. Although there have been changes made in the law over time to attempt to eliminate such barriers, what we see is a pattern where new obstacles crop up to replace the old ones. Over and over, Aboriginal peoples see the door to equality open up only to have …